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Clinton County, IN Probate Information
Quick facts
| Item | Clinton County information |
|---|---|
| Court for estate cases | Either Clinton Circuit Court or Clinton Superior Court, at the filing party's designation under LR12-AR1(E)-Rule 3.10. |
| Clerk's filing counter | Clerk of the Circuit Court, 265 Courthouse Square, Frankfort, IN 46041. |
| Circuit Court address | 355 Courthouse Square, Frankfort, IN 46041. |
| Superior Court address | 320 Courthouse Square, Frankfort, IN 46041. |
| Phone | Clerk's office: (765) 659-6335. Circuit Court: (765) 659-6345. Superior Court: (765) 659-6341. |
| Fax | Ask the clerk for the current fax number before sending anything by fax. |
| Hours | Monday through Friday, 8:00 a.m. to 4:00 p.m. |
| Cost to open an estate | A petition for letters testamentary or letters of general administration is $177 in 2026 under IC 33-37. If sheriff service is requested, the statewide sheriff service fee is $28 in 2026 under IC 33-37-5-15. |
| Local probate forms | No Clinton County probate packet, cover sheet or checklist is published by the clerk or prescribed in the local rules. |
| E-filing | Attorneys file through the Indiana E-Filing System. Unrepresented litigants are encouraged, but not required, to use the IEFS under Ind. Trial Rule 87. |
| Case search | Search public estate cases on MyCase at mycase.in.gov. Estate case types include EU, ES and EM. |
| Remote appearance | Ask the assigned court. Indiana courts may hold non-testimonial hearings remotely at the court's discretion, while testimonial hearings are in person unless good cause or party agreement supports a remote proceeding under Ind. Administrative Rule 14. |
| Websites | Clinton County clerk page: clintonco.com/clerk. Indiana Judicial Branch local page: in.gov/courts/local/clinton-county/. |
Before you begin — know the assets and liabilities
Before you choose Circuit Court or Superior Court, list the decedent's probate assets, debts, heirs, beneficiaries, will status and known creditors. Clinton County gives the filer a court choice for estate cases, but the court still needs a clear petition and enough asset information to decide whether to issue letters testamentary or letters of general administration.
Sunset's estate settlement process starts with asset discovery across more than 2,300 financial institutions, then organizes the information into the probate packet or attorney handoff. That is especially useful before filing in Clinton County because the same clerk's counter can receive the case for either court.
Which court handles jurisdiction
Clinton County estate filings are made in Frankfort with the Clerk of the Circuit Court. Clinton County has both the Clinton Circuit Court and the Clinton Superior Court, and its local filing rule allows other civil cases, including estates, to be filed in the court designated by the filing party unless a separate statute or Indiana court rule controls (LR12-AR1(E)-Rule 3.10).
Indiana venue depends on the decedent, not on the courthouse you prefer. A will probate or estate administration belongs in the Indiana county where the decedent was domiciled at death, or, for a nonresident decedent, in an Indiana county where the decedent left property or where property later came into the county (IC 29-1-7-1). The Clerk of the Circuit Court serves as clerk for both the circuit and superior courts (IC 33-32-2-1).
Clinton County is in the forty-fifth judicial circuit (IC 33-33-12-1) and Judicial District 12 with Boone, Hamilton and Tipton Counties. The judicial district is an administrative grouping, not the probate venue rule.
The jurisdiction process
- Identify the estate route and gather the will, death certificate, heirs and beneficiaries, creditor information, asset list, and proposed personal representative information.
- Choose the Clinton Circuit Court or the Clinton Superior Court for the estate filing. Clinton County's local rule leaves estate cases to the filing party's designation unless another statute or court rule controls (LR12-AR1(E)-Rule 3.10).
- Prepare the petition for probate of will and issuance of letters testamentary, or the petition for letters of general administration if there is no will. Clinton County does not publish a local probate packet or local cover sheet.
- File with the Clerk of the Circuit Court at 265 Courthouse Square in Frankfort. Attorneys file through the IEFS. Unrepresented litigants may use the IEFS and may ask the clerk about conventional filing options under Ind. Trial Rule 87.
- Pay the estate opening cost if letters are requested. A petition for letters carries $177 in 2026 under IC 33-37, plus $28 in 2026 under IC 33-37-5-15 if sheriff service is requested.
- After letters issue, publish notice of the estate administration and serve required notices. Indiana requires publication once each week for two consecutive weeks, and proof of publication is filed with the clerk within 30 days after publication (IC 29-1-7-7).
- Work with the assigned court on any hearing date. Clinton County does not publish a probate hearing day or a standard filing-to-hearing window for estates.
- Ask the assigned court before planning a remote appearance. Non-testimonial probate hearings may be remote at the court's discretion, while testimonial hearings are in person unless good cause or party agreement supports a remote proceeding (Ind. Administrative Rule 14).
- Once appointed, use the letters testamentary or letters of general administration as the authority document. Indiana letters issued by the clerk under court seal are evidence of the personal representative's authority until superseded or revoked (IC 29-1-10-4).
- Administer and close the estate by collecting assets, preparing the required inventory, paying allowed claims and expenses, distributing property, and filing the appropriate closing statement or final settlement papers for the estate settlement path the court approved.
Forms and documents
Probate forms in Clinton County
Clinton County does not publish a local probate packet, cover sheet or checklist on the clerk's page, and the Clinton County local rules do not prescribe a PR00 probate form set. File-ready forms therefore usually come from an attorney, a carefully drafted self-represented petition, or a platform that generates the required estate documents from the facts of the case.
Indiana does not have a statewide court-approved probate form set for ordinary estate administration. The statewide Coalition for Court Access estate form is the small estate affidavit, CCA-EM-0722-5000, for transfer of assets without administration under IC 29-1-8. That affidavit is given to the bank or other holder, not filed with the Clinton County clerk.
Local nuance
Clinton County-specific considerations
| Local point | What it means in Clinton County |
|---|---|
| Filing party chooses the court | Estate cases are not assigned exclusively to one Clinton County court by the local rule. Unless a separate statute or Indiana court rule controls, other civil cases are filed in the court designated by the filing party (LR12-AR1(E)-Rule 3.10). |
| Same clerk's counter | The Clerk of the Circuit Court is the filing counter for the estate case even though the filer designates either the Clinton Circuit Court or the Clinton Superior Court. |
| No local PR00 probate rule family | Clinton County's local rules do not add a separate PR00 probate rule set, a local filed-inventory requirement, a local bond default, or a local rule requiring every personal representative to proceed with counsel. |
| Three courthouse square addresses | The clerk, Circuit Court and Superior Court publish separate Courthouse Square addresses in Frankfort, so filers should use the clerk's address for filing and the assigned court's address for court communications. |
Recent updates
| Update | What changed |
|---|---|
| Local rules amended January 1, 2026 | Clinton County's current local rules include the civil filing rule that allows other civil cases, including estate cases, to be filed in the court designated by the filing party (LR12-AR1(E)-Rule 3.10). |
| Current clerk hours | The Clinton County clerk publishes office hours as Monday through Friday, 8:00 a.m. to 4:00 p.m. |
Page last reviewed: August 2026.
Scenarios
| Scenario | Likely Clinton County path | Where Sunset helps |
|---|---|---|
| Surviving spouse with co-owned home | First identify what passes outside probate and what, if anything, must be administered in an estate case. If letters are needed, the spouse can file through the Clerk of the Circuit Court and designate either the Clinton Circuit Court or the Clinton Superior Court under the local filing rule. | Sunset finds accounts, separates probate from non-probate assets, and prepares the estate settlement packet or attorney summary. |
| Out-of-state adult child with small estate | If the estate fits Indiana's small estate affidavit route, the affidavit is presented to the holder rather than filed in Frankfort. If letters are needed, Indiana allows a nonresident personal representative to serve by filing the required acceptance, resident agent appointment and bond information, subject to the court's bond discretion in an unsupervised estate (IC 29-1-10-1). | Sunset helps identify accounts before the child decides whether an affidavit, letters, or attorney-led filing is the right next step. |
| Parent settling predeceased child's estate, home must be sold | A home sale can make timing and authority important. If a personal representative must sell Indiana real property to pay debts or administration costs, Indiana has a five-month petition and seven-month letters timing rule for certain sales (IC 29-1-7-15.1). The parent should choose the Clinton County court for the filing and get legal advice before sale steps. | Sunset organizes asset and debt information, generates a filing packet when appropriate, and connects the parent with a Clinton County probate attorney for the sale issues. |
Self-help resources
| Resource | How it helps | Link |
|---|---|---|
| Indiana Judicial Branch, Clinton County page | Local court rules, court contacts, e-filing link, case search link and Judicial District 12 information. | https://www.in.gov/courts/local/clinton-county/ |
| Clinton County clerk | Clerk office location, phone number and public office hours for filings in Frankfort. | https://www.clintonco.com/clerk/ |
| Indiana Legal Help, Estate | Estate information, small estate affidavit CCA-EM-0722-5000, Probate FAQ and Small Estate FAQ. | https://indianalegalhelp.org/legal-topic-category/estate-2/ |
| Indiana Judicial Branch Self-Service Legal Center | General self-representation guidance and links to legal-help resources. It does not publish a probate section. | https://www.in.gov/courts/selfservice/ |
| MyCase | Statewide public case search for Indiana estate cases, including EU, ES and EM case types. | https://public.courts.in.gov/mycase/ |
| Indiana e-filing | Information about the IEFS, certified e-filing providers and user guides. | https://www.in.gov/courts/efiling/ |
| Indiana Legal Services, Lafayette office | Free civil legal aid intake for eligible low-income Hoosiers in Clinton County. | https://www.indianalegalservices.org/locations/ |
| Indiana Free Legal Answers | Online questions answered by volunteer Indiana attorneys for eligible users. | https://indiana.freelegalanswers.org/ |
| Indiana Trial Court Fee Manual | Statewide court-cost tables, including the 2026 probate cost total under IC 33-37. | https://www.in.gov/courts/iocs/files/courtmgmt-pubs-trial-court-fee-manual.pdf |
| Indiana court rules | Official Trial Rules 86 through 88 and Interim Administrative Rule 14. | https://rules.incourts.gov/ |
When to hire an attorney
Clinton County does not publish a local rule requiring every estate to have an attorney, but counsel often makes sense when there is a home sale, creditor dispute, nonresident personal representative, disagreement among heirs, supervised administration, or uncertainty over whether the Circuit Court or Superior Court should be designated. Sunset connects to a vetted attorney.
How Sunset helps
Find the accounts and assets. Sunset searches for bank, investment, retirement, insurance and other financial accounts so families can understand what belongs in the probate estate before they file in Clinton County.
Generate the probate packet. When a court filing is needed, Sunset turns the family's answers into an organized estate settlement packet for the clerk, the attorney, or the personal representative's review.
Find a local probate attorney. If the estate involves a house, creditor issues, a nonresident fiduciary, or a supervised case, Sunset can connect the family with an Indiana probate attorney familiar with local court practice.
Sunset is free for families. Families can use Sunset to organize the estate, locate assets, generate documents and get matched with legal help without paying Sunset a fee.
Frequently asked questions
Where do I file probate in Clinton County?
File with the Clerk of the Circuit Court at 265 Courthouse Square in Frankfort. For the estate case itself, Clinton County's local filing rule lets the filing party designate either the Clinton Circuit Court or the Clinton Superior Court unless a separate statute or Indiana court rule controls (LR12-AR1(E)-Rule 3.10).
Does Clinton County have a separate probate division?
No separate Clinton County probate division is published in the local rules. Estate cases are treated as civil filings that may be designated for either the Circuit Court or the Superior Court under the local filing rule.
Does Clinton County publish probate forms?
Clinton County does not publish a local probate packet, cover sheet or checklist, and its local rules do not prescribe local probate forms. The statewide small estate affidavit, CCA-EM-0722-5000, is for transfer of assets without administration under IC 29-1-8 and is given to the asset holder, not filed with the clerk.
Can I e-file a Clinton County estate case?
Yes. Estate case types are available in the Indiana E-Filing System. Attorneys file electronically. Unrepresented litigants are encouraged, but not required, to use the IEFS under Ind. Trial Rule 87, and public access terminals are available in county clerk offices under the rule.
What happens to the original will if the case is e-filed?
Ind. Trial Rule 87(E) says a user filing a Last Will and Testament for probate files an accurate and complete copy plus an affidavit. Unless the will has been deposited with the clerk, the affiant keeps the original until the estate is closed and the personal representative is released from liability, or the time to file a will contest has expired, whichever is later, and must file the original if ordered or directed by statute.
How much does it cost to open an estate in Clinton County?
A petition for letters testamentary or letters of general administration costs $177 in 2026 under IC 33-37. If sheriff service is requested, the statewide sheriff service fee is $28 in 2026 under IC 33-37-5-15. Offering a will for probate alone and certain closing statement filings are treated differently under IC 33-37-4-7(c).
Can I look up a Clinton County estate online?
Yes. Search MyCase at mycase.in.gov by the decedent's name. Indiana public estate case types include EU for Estate, Unsupervised, ES for Estate, Supervised, and EM for Estate, Miscellaneous.
Can I appear remotely for a Clinton County probate hearing?
Ask the assigned court before the hearing. Indiana courts may hold non-testimonial hearings remotely at the court's discretion. A hearing with sworn oral testimony is in person unless good cause or the parties' agreement supports a remote proceeding under Ind. Administrative Rule 14.
Do I have to travel to Frankfort to start the case?
Attorneys use the IEFS, and unrepresented litigants may use the IEFS. If you are not represented and want to file conventionally, call the Clinton County clerk at (765) 659-6335 before mailing or bringing papers so you know the current filing method and where the assigned court will send notices.
Shaped by the families we've helped
Thank you to the thousands of families who have trusted Sunset to help settle their loved ones' estates. This page is shaped by the questions they actually asked and the obstacles they actually hit — and that hard-won experience is what keeps it accurate, current, and genuinely useful to the families who come next.